Terms and Conditions of Use for Chestnut Lifestyle Brands, LLC

Last Updated: December, 2023

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to the purchase, use, or access of any of our products, including online courses. These Terms and Conditions apply to all Chestnut Lifestyle Brands, LLC Online Courses.

TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT

All programs, products, and services are owned and provided by Chestnut Lifestyle Brands, LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s), or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access the Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and we will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please contact us, and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

GENERAL PROVISIONS

This website is owned and operated by Chestnut Lifestyle Brands, LLC, a Georgia limited liability company.

Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

YOUR PRODUCT OR COURSE USE AND CONSENT

When You purchased Our Offering, You were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access to the Offering, You implicitly agree and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not access the Offering, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not access the Offering under any circumstance. If we discover that you have done so in violation of these rules, we will terminate your account. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Chestnut Lifestyle Brands, LLC or the properly attributed party (the “Intellectual Property”). It is a violation of federal law to use any of the Intellectual Property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may use Our Intellectual Property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution, or use any Intellectual Property within the Offering that is attributed to a third-party.

ONLINE COURSE INTELLECTUAL PROPERTY

LIMITED LICENSE

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Chestnut Lifestyle Brands, LLC.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, written material, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. You acknowledge that if You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You may:

  • Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
  • Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
  • Use Our trademarks and copyrighted materials with Our prior written consent and proper credit and marking, namely, citing © Chestnut Lifestyle Brands, LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™ in accordance with the below.

You may not:

  • Re-sell or trade Your access to the Offering.
  • Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
  • Reprint or republish any of the Offering, in part or in whole.
  • Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
  • Reproduce and alter, edit, remix, or in any way create a derivative of any part or whole of the Offering for distribution as Your own work.
  • Claim ownership or use over any of Our Intellectual Property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and other content; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
  • Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

REQUEST FOR PERMISSION TO USE CONTENT

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do so by requesting and receiving written permission prior to commencing use of the same by contacting Us.

CIVIL AND CRIMINAL PENALTIES

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Fulton County, Georgia by opting into or purchasing any Offering or accessing its related communications and/or materials.

MODEL RELEASE

You warrant and represent that You own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials free and clear of any and all third-party claims. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.

NOTIFICATION OF USE

We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.

SECURITY AND ASSUMPTION OF RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, PayPal, or SamCart. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION OF RISK

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by U.S law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please by contacting Us.

EARNINGS DISCLAIMER

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

GENERAL DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services, and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD-PARTY DISCLAIMER

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES DISCLAIMER

We want to be clear about our offerings, programs, products, and services. You agree that all of these are provided "as is," without any warranties, whether express or implied. We do not guarantee their functionality, uninterrupted use, accuracy, completeness, appropriateness, or that they are free from viruses or other harmful components. We also don't make any representations about the correctness, accuracy, timeliness, reliability, or any other aspect of third-party websites related to our offerings.

TECHNOLOGY DISCLAIMER

While we strive to offer you reliable technology, software, and platforms, we cannot take responsibility for technological failures. Sometimes issues are beyond our control, and you may need third-party support, such as Kajabi.

FORCE MAJEURE AND OTHER CAUSES

We are not liable for any delays or failures in performance resulting from events like acts of God, war, equipment failures, power fluctuations, strikes, natural disasters, government actions, or third-party non-performance. We are also not responsible for any incompatibility issues between our website and other sites, services, software, or hardware, or for any transmission or transaction-related delays or failures.

ERRORS AND OMISSIONS

We do not guarantee the accuracy, timeliness, performance, completeness, or suitability of the information in our offerings. We are not liable for inaccuracies, errors, or reliance on personal opinions contained in our offerings.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

INDEMNIFICATION

You agree to indemnify and hold harmless our company, affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees from any claims, damages, liabilities, costs, and expenses, including legal fees, related to our offerings.

LIMITATION OF LIABILITY

We are not responsible for the information, products, or materials you request or receive through our offerings. We do not assume liability for third-party conduct, accidents, delays, harm, or other negative outcomes related to your access of our offerings. Under no circumstances, including negligence, shall our liability exceed the lesser of your payment for our offerings or $100.00, as permitted by applicable law.

AFFILIATES

We may use affiliate links to sell certain products or services. We disclaim liability for any consequences, benefits, or outcomes resulting from clicking these affiliate links. We will make reasonable efforts to notify you of affiliate links.

TERMINATION

We reserve the right to terminate your use of our website, offerings, and communications if you violate our terms and conditions. Termination does not excuse outstanding payments. Upon termination, any outstanding balances become immediately due. If unpaid for 14 days, we may send your balance to a collections agency, and you are responsible for associated charges.

DISPUTE RESOLUTION

If a dispute arises, you agree to attempt resolution through Alternative Dispute Resolution or Mediation before filing a civil claim of action.

NON-DISPARAGEMENT

Any slander, libel, or disparagement of our company, offerings, or materials may result in your immediate removal from our offerings and communications. We may pursue legal action for any actions that materially harm our company.

ENTIRE AGREEMENT

By registering on our website or making purchases, you consent to our Privacy Policy and agree that it, along with these Terms and Conditions, constitutes the entire agreement between you and our company regarding website use.

LAW AND JURISDICTION

Any disputes related to these Terms will be governed by the laws of Georgia, with exclusive jurisdiction in federal and state courts of Fulton County, Georgia.

CONSENT

By using our website, you consent to our Terms and Conditions of Use and Privacy Policy.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy are reserved by our company.

SEVERABILITY

If any part of these terms is deemed unlawful or unenforceable, the remaining provisions will remain in full force and effect.

CONTACT INFORMATION

For questions about these Terms of Use, please contact us.